Villegas Andino v. Commissioner of Social Security
| Erika P. Villegas Andino |
| Commissioner of Social Security |
| Nancy A. Berryhill |
| 1:2018cv01780 |
| March 23, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K Chen |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 12 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 11 Case transferred in from District of New York Southern; Case Number 1:18-cv-00523. Original file certified copy of transfer order and docket sheet received. |
Filing 10
STIPULATION AND ORDER TO TRANSFER VENUE: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Pro Se and counsel for the Defendant that the above-captioned action be, and hereby is, transferred to the United States District Court for the Eastern District of New York, pursuant to 28 U.S.C. 1406(a). (Signed by Judge Edgardo Ramos on 3/20/2018) (mro) [Transferred from New York Southern on 3/23/2018.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (mro) [Transferred from New York Southern on 3/23/2018.] |
| Filing 9 NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Commissioner of Social Security. (Ramirez-Fisher, Leslie) [Transferred from New York Southern on 3/23/2018.] |
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Filing 8
FRCP 4 SERVICE PACKAGE MAILED to Erika P. Villegas Andino, at 147 Somers street, Apt. 2C, Brooklyn, NY 11233, on 02/08/2018 Re: #7 Order of Service - Social Security, Set Deadlines, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (sbr) [Transferred from New York Southern on 3/23/2018.]
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Filing 7
ORDER OF SERVICE AND SCHEDULING ORDER: IT IS HEREBY ORDERED that: 1. The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. 2. This Order supersedes all prior scheduling orders in this matter. 3. On or before July 9, 2018, defendant shall file the administrative record and a motion for judgment on the pleadings. The Commissioner shall not file the administrative record until the motion for judgment on the pleadings is filed. 4. On or before September 10, 2018, plaintiff shall serve and file papers opposing the motion. Plaintiff is reminded that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 200, New York, New York ((212) 805-0175) may be of assistance to plaintiff in connection with court procedures. 5. On or before October 1, 2018, defendant may serve and file a memorandum of law in reply. 6. The Court does not have any limitations on the number of pages for memoranda of law. SO ORDERED. (Electronic Certified Administrative Record due by 7/9/2018.), (Motions due by 7/9/2018., Responses due by 9/10/2018, Replies due by 10/1/2018.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/7/18) Copy sent by Chambers. (yv) Modified on 2/9/2018 (yv). [Transferred from New York Southern on 3/23/2018.]
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| ***DELETED DOCUMENT. Deleted document number #9 Scheduling Order. The document was incorrectly filed in this case. (jwh) [Transferred from New York Southern on 3/23/2018.] |
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Edgardo Ramos on 2/7/2018) (mro) [Transferred from New York Southern on 3/23/2018.]
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| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) [Transferred from New York Southern on 3/23/2018.] |
| Mailed a copy of #4 Order Granting IFP Application to Erika P. Villegas Andino, 147 Somers St, Apt. 2C, Brooklyn, NY 11233. (mhe) [Transferred from New York Southern on 3/23/2018.] |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (ma) [Transferred from New York Southern on 3/23/2018.] |
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Colleen McMahon on 2/2/2018) (anc) [Transferred from New York Southern on 3/23/2018.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Granting IFP Application to the Docket Assistant Clerk for case processing. (anc) [Transferred from New York Southern on 3/23/2018.] |
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Filing 3
STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/2016) (rdz) Modified on 1/22/2018 (rdz). [Transferred from New York Southern on 3/23/2018.]
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Erika P. Villegas Andino.(rdz) [Transferred from New York Southern on 3/23/2018.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Erika P. Villegas Andino.(rdz) (Main Document 1 replaced on 1/24/2018) (rdz). [Transferred from New York Southern on 3/23/2018.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 3/23/2018.] |
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